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See also:CHATTEL (for derivation see See also:CATTLE) , a See also:term used in See also:English See also:law as See also:equivalent to " See also:personal See also:property," that is, property which, on the See also:death of the owner, devolves on his executor or See also:administrator to be distributed (unless disposed of by will) among the next of See also:kin according to the Statutes of Distributions . Chattels are divided into chattels real and chattels personal . Chattels real are those interests in See also:land for which no " real See also:action " (see AcrIoN) lies; estates which are less than See also:freehold (estates for years, at will, or by sufferance) are chattels real . Chattels personal are such things as belong immediately to the See also:person of the owner, and for which, if they are injuriously withheld from him, he has no remedy other than by a personal action . Chattels personal are divided into choses in See also:possession and choses in action (see See also:CHosE) . A See also:chattel See also:mortgage, in See also:United States law, is a See also:transfer of personal property as See also:security for a See also:debt or See also:obligation in such See also:form that the See also:title to the property will pass to the mortgagee upon the failure of the mortgagor to comply with the terms of the See also:contract . At See also:common law a chattel mortgage might be made without See also:writing, and was valid as between the parties, and even as against third parties if accompanied by possession in the mortgagee, but in most states of the See also:Union legislation now requires a chattel mortgage to be in writing and duly recorded in See also:order to be valid against third parties . At common law a mortgage can be given only of chattels actually in existence and belonging to the mortgagor, though if he acquired title afterwards the mortgage would be See also:good as between the parties, but not as against subsequent purchasers or creditors . In See also:equity, on the other See also:hand, a chattel mortgage, though not good as a See also:conveyance, is valid as an executory agreement . Goods and chattels is a phrase which, in its widest signification, includes any property other than freehold . The two words, however, have come to be synonymous, and the expression, now practically confined to See also:wills, means merely things movable in possession . |
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